The Year 2000 Articles

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March 7, 2000

If they could see us now

I really wonder what our founders, the men and women who fought and died for the liberties of the individual, would think if they could see us as we now are. A nation created where are people are to be treated equally with the unalienable rights of man preserved. A nation with a special organization, the federal government, dedicated to the preservation of the rights of the individual and the common defense of those states joined together for the same common causes.

Would they stand in unison with arms held to the skies in victory while yelling for all to hear, “And this we created through overcoming our fears of and willingness to face violent death. WE paid a price through those that died so freedom, the freedom all men must have, reigns supreme.” Or would they hang their heads in shame, with great sorrow in their eyes as they gazed about in disbelief?

The great men who designed this Republic set it up so that it was clear the federal government had specific tasks to be responsible for. The duties are specified in Article I, Section 8. The clauses are simply written and allow for no misinterpretation. They are as follows:

Section. 8.

Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Clause 2: To borrow Money on the credit of the United States;

Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

Clause 7: To establish Post Offices and post Roads;

Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Clause 9: To constitute Tribunals inferior to the supreme Court;

Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Clause 13: To provide and maintain a Navy;

Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;

Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And

Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Exactly where does it state the federal government may make laws applicable to the states? Clause 17 states jurisdiction of the central government is over the ten square miles of the District of Columbia and purchased property approved by states for the establishment of such things as forts, arsenals, and other necessary federal buildings. But it does not include any jurisdiction over the States making up the union.

Thus, as far as laws are concerned, we have federal jurisdiction which does not include any jurisdiction over the people of the 50 states. The federal government may only make laws concerning residents of the District of Columbia and federal properties.

This is further supported in Article IV, Section 3, Clause 2 which states Congress has the power to dispose of and make all needful rules and regulations in the territory or property belonging to the United States. The thing is, no state making up the union of States is a territory or property of the United States, the government.

Thus, each state is sovereign to the central government and to each other. The only way federal laws may apply is if the states have given additional powers to Congress. If this has been done, then there must be an amendment to this affect ratified by the individual States.

Well, gosh, Folks, guess what. There isn’t an amendment adding to the above powers and, therefore, the powers of government to legislate laws concerning the 50 states have not been been expanded. And, yet, the people have accepted the federal government making federal laws and applying them to the people.

Why, you might ask. It is due to the ignorance of the people concerning the Constitution and the misunderstood powers of the federal government!!! This is putting it as simply and accurately as it can be stated.

Then, there is that damnable 16th Amendment which supposedly gave Congress the additional power to directly tax citizens. But, did it?

Keep in mind, our forefathers fought a long, bloody war in part to free us of taxation without representation. With this in mind, Article I, Section 8, Clause 1 states Congress does have the right to lay taxes, duties, imposts and excises, to pay the debts incurred in providing for the common defense and welfare (well-being, not WELFARE as in those who provide for themselves supporting financially or in any other manner those who do not).

However, it further states such taxation must be uniform throughout the states. Therefore, the federal government to this point may only apply taxes, duties, imposts, and excises in a equal manner across the states.

In Article I, Section 2, Clause 3, it is stated “....direct taxes shall be apportioned among the several states ... according to their respective numbers.” Then, in Article I, Section 9, Clause 4, it is stated that "no capitation or direct tax shall be laid unless in proportion to the census."

Thus, no citizen may be directly taxed because such tax cannot be apportioned. So, did the 16th Amendment change this?

You decide. There isn’t anything complicated here. The only valid concerns are what the Constitution states and decisions of the US Supreme Court which has the responsibility for determining questions concerning the Constitution.

One of the earliest cases (1916), Stanton vs Baltic Mining, the ruling was the 16th Amendment did not give Congress any new powers of taxation.

In Brushaber vs Union Pacific Railroad, it was determined the tax may only be an excise tax. Excise tax must be applied proportionate to the population as determined by the number of representatives in the House. Thus, this case also determined that Congress was not granted any new powers of taxation, that the 16th Amendment only supported what was stated.

Furthermore, in Pollock vs Farmer’s Loan and Trust, the court determined that it is unconstitutional to impose a tax on earnings of citizens in the form of interest and dividends on deposits in banks. And to answer a potential question, banks are NOT supposed to be reporting your interest earnings to the federal government.

This case additionally stated that tax on property holders in respect to their estates is a direct tax and, therefore, unconstitutional. Thus, property tax is illegal as it is a direct tax. This ruling has also never been overturned.

Since there is not an amendment repealing the applicable clauses in the Constitution, all constitutional clauses stand as written since the Constitution may not contradict itself. Income tax as citizens are now paying it, along with property tax, is illegal and against your constitutional rights.

Lower courts may not decide against the Constitution nor against Supreme Court rulings. And, yet in federal tax courts, they are doing so. Why? Because federal tax courts are federal and it is the federal government which is perpetuating the myth (fraud) of income tax. And the federal government ‘owns’ the federal courts.

What prompted this article is to try one more time to get people to understand the necessity for learning their constitutional rights and the degree the federal government has exceeded its constitutional authority.

In an article I read recently, a parent, David Dibble, who has children in the Benton Heights Elementary school in Union County, N.C., had this to say during his outrage over his children not stating the Pledge of Allegiance daily in the school: “Our young people are our future. Children need to learn the heritage behind the flag and what it stands for. We’ve got to make sure they understand the freedoms they have in this country.”

That is well and good except very few people understand the freedoms we are supposed to have. Certainly, many websites nor people posting on forums understand the liberties we have. Or, seem to by their lack of action and by their comments.

And, certainly Mr. Dibble should be upset. But, he should also be upset by the fact that the federal government has ripped the Constitution to shreds. Since he had the media’s attention, it would have been a perfect time to state his outrage concerning the fact the federal government imposes laws on the people of this nation illegally as they are in conflict with the Constitution, including the anti-American illegality of direct taxation on citizens. That is, if he knows.

It is my contention that until the people of this nation understand the Constitution as written and the concept of FREEDOM, not as stated by parents without the knowledge themselves, in public schools, by the government, and certainly by organizations such as the Justice Department, Treasury Department, federal courts, and the bogus IRS, the government will continue doing as it has with knowledge of the freedoms we are supposed to have buried deeper and deeper in a sewer of misinformation.

In answer to my opening question, it is certain that if our founders could see us now, they would be in the fetal position quivering in anger and frustration while drowning themselves in a river of tears as they see their sacrifices and warnings of central government corruption were for naught.

The people of this nation must wake up and demand the constitutional limits of the federal government be imposed.

Then, and only then, would our forefathers once again stand in pride for a job well done.

Then, and only then, may all people pledge allegiance to what the flag of this nation stands for, a nation that defends the unalienable, God-given constitutionally supported rights of Man.

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